Fuller v. Lynch
833 F.3d 866
| 7th Cir. | 2016Background
- Ray Fuller, a Jamaican national, sought withholding of removal under the INA and deferral under the CAT based on fear of persecution/torture for being bisexual.
- Fuller entered the U.S. in 1999, gained conditional resident status, which was later terminated; he has criminal convictions, including an attempted criminal sexual assault resulting in incarceration.
- DHS charged Fuller as removable on multiple grounds; he does not contest removability based on loss of conditional status; IJ and BIA sustained removability and denied relief.
- Fuller presented testimony and documentary country-condition evidence (State Department reports) about severe anti-LGBT violence in Jamaica and described personal incidents of attack, robbery, and being shot.
- The IJ found Fuller not credible on central points (denying he is bisexual), citing inconsistencies in testimony, a false statement on a 2001 travel application, confused family details, discrepancies about the Ocho Rios shooting, and suspicious corroborative letters; the BIA affirmed.
- The Seventh Circuit majority denied the petition, applying the deferential substantial-evidence standard under 8 U.S.C. § 1252(b)(4)(B) and upholding the IJ/BIA credibility and particularly-serious-crime determinations; Judge Posner dissented.
Issues
| Issue | Fuller’s Argument | Government’s Argument | Held |
|---|---|---|---|
| Whether Fuller’s attempted criminal sexual assault conviction is a "particularly serious crime" barring INA withholding and CAT relief | Fuller argued the BIA misapplied its precedent and considered improper factors | BIA/IJ argued the offense involved threats/force and a significant sentence supporting the particularly-serious-crime bar | Court declined to review fact-intensive weighting; upheld as within agency discretion |
| Whether Fuller is credible as bisexual (central to CAT/withholding claims) | Fuller asserted long-standing bisexuality, offered testimony and letters corroborating relationships and persecution in Jamaica | Government argued IJ reasonably found major inconsistencies, a false immigration statement, unreliable letters, and limited phone-call records undermining credibility | Court held substantial evidence supports IJ/BIA adverse credibility finding; denied relief |
| Whether agency ignored country conditions showing persecution of LGBT persons in Jamaica | Fuller relied on State Dept., Amnesty, and other reports documenting pattern of anti-LGBT violence | Government did not contest country conditions but argued relief still requires credible individual claim | Court acknowledged country evidence but held it did not compel finding Fuller credible; denial stands |
| Whether court should overturn BIA/IJ under 8 U.S.C. §1252(b)(4)(B) standard | Fuller argued the evidence compelled a contrary conclusion on credibility and persecution risk | Government relied on statutory deference and that no reasonable adjudicator would be compelled to overturn agency findings | Court applied deferential standard and affirmed because reasonable adjudicator could accept IJ/BIA findings |
Key Cases Cited
- Bromfield v. Mukasey, 543 F.3d 1071 (9th Cir. 2008) (recognizing pattern/practice of persecution against gay men in Jamaica)
- Ali v. Achim, 468 F.3d 462 (7th Cir. 2006) (a crime may be particularly serious without being an aggravated felony)
- Estrada-Martinez v. Lynch, 809 F.3d 886 (7th Cir. 2015) (limits on reviewing agency’s fact-based serious-crime determinations)
- Tawuo v. Lynch, 799 F.3d 725 (7th Cir. 2015) (standard for reviewing adverse credibility determinations)
- Arrazabal v. Lynch, 822 F.3d 961 (7th Cir. 2016) (upholding agency credibility determinations when supported by substantial evidence)
- Krishnapillai v. Holder, 563 F.3d 606 (7th Cir. 2009) (review standard for CAT/withholding determinations)